Sandie Peggie is to appeal against an employment tribunal ruling that the Royal College of Nursing (RCN) did not discriminate against her because of her beliefs about gender, her legal team has said.
The Fife nurse brought the legal case against the RCN over what she claimed was direct discrimination over her sex-realist beliefs. Ms Peggie had accused the union of failing to adequately support her during a dispute with her employer.
Background to the case
She had previously brought a case against NHS Fife after sharing a changing room with transgender medic Dr Beth Upton at Kirkcaldy’s Victoria Hospital in December 2023.
The first employment tribunal awarded Ms Peggie a partial victory against the health board in December last year, upholding claims of harassment against her employer, but dismissing allegations of discrimination, indirect discrimination and victimisation.
Tribunal ruling and appeal
Ms Peggie’s case against the RCN was heard at an employment tribunal in Dundee in September and October. In a 37-page judgment issued on Monday, employment judge Sangster said: “The judgment of the Tribunal is that the claimant’s complaints of direct discrimination do not succeed and are dismissed.”
On Wednesday, Ms Peggie’s legal team said that following advice from them she has instructed them to appeal against the employment tribunal’s judgment. The team said that work on the appeal is progressing and that the notice of appeal is expected to be submitted to the Employment Appeal Tribunal within the coming week.
Claims against the union
Ms Peggie had accused the union of failing to advise her properly when she first raised the issue of having to share a changing room with Dr Upton with one of its officers. She claimed the RCN had refused her request for legal assistance in relation to her claims against NHS Fife. She also accused the union of failing to seek full assurances from NHS Fife in relation to its policies on single-sex spaces.
However, in her judgment judge Sangster dismissed all three of Ms Peggie’s claims against the union, saying its actions towards her had not been influenced by her protected belief. She said: “The Tribunal concluded that the complaints of direct discrimination, to the extent that they were framed as being because of an asserted belief of the respondent, could not succeed.”
In a statement, the legal team said: “Sandie remains deeply grateful to all those who gave evidence on her behalf, as well as to the many individuals and organisations who have supported her throughout these proceedings. Given that the appeal process will shortly be under way, no further comment will be made at this stage.”
